Disabled students in Kentucky have legal rights under federal and state law. These laws ensure that Kentucky students with emotional, mental, and physical disabilities receive the same educational opportunities as their non-disabled peers. These laws also require elementary schools, high schools, and colleges to consider a student's disability in all areas of their education, including their ability to progress academically.
Federal Protections for Kentucky Students
Americans With Disability Act
The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, state and local government services, public accommodations, commercial facilities, transportation, and telecommunications. The ADA also mandates that these entities make accommodations for individuals with disabilities to ensure they're able to participate to the same extent as non-disabled people.
When it comes to education and learning, the law requires schools to provide reasonable accommodations for disabled students in order to ensure equal access and opportunity. The ADA's requirements for schools are extensive. In addition to being required to provide reasonable accommodations for students with disabilities, schools must also make sure that all areas of their facilities are accessible for physically disabled students. For example, schools must make their campus fully accessible to wheelchair users and blind students. Schools must also provide educational aids and services so deaf students can communicate effectively with teachers and other staff members.
Schools must provide reasonable accommodations for emotionally or mentally disabled students as well. For these accommodations to be considered "reasonable," they must not cause an undue burden on the educational institution or create an environment that would be detrimental to other students' learning environments. Some examples of reasonable accommodations include:
- Allowing students extra time on tests or assignments
- Providing tutoring services outside of class hours
- Frequent breaks during longer assignments
Individuals with Education Disabilities Act
The Department of Education's regulations for accommodating students with disabilities are part of the Individuals with Disabilities Education Act (IDEA). Congress enacted IDEA in 1975 to ensure that all children with disabilities have access to appropriate public education (FAPE). Under IDEA, school districts must offer special education programs for students who need them. School districts must also provide related services students might need in order to benefit from educational programs or activities. These services may include:
- Counseling or guidance
- Speech-language pathology
- Occupational therapy
- Physical therapy
- Recreational therapy
These services are often offered through a unique academic program tailored to a student's needs called an Individualized Education Plan (IEP). Although a majority of IEP students will have them by the time they reach college, they can take their IEP with them to request accommodations and modifications similar to those they used in the past.
Kentucky Education Reform Bill
In addition to federal law, state law in Kentucky also protects disabled students. Kentucky's Education Reform Act requires all schools in the state to provide increased flexibility and support for students with special needs.
Under the ERA, Kentucky schools cannot keep students with disabilities out of regular classes if they are capable of participating, and cannot require students with disabilities to take standardized tests in separate settings. Schools must also allow students who use wheelchairs to bring them into classrooms and other areas where there are no stairs or other barriers that would make it difficult for them to navigate safely. The law also requires a response to disability discrimination claims within 45 days of their filing.
Kentucky schools must provide full access for students with disabilities by allowing them to participate in all activities and programs, including athletics, without placing any limitations on their participation due to their disability. This means providing accommodations such as equipment adjustments or specialized instruction whenever necessary so disabled students can perform at the same level as their non-disabled classmates.
What Happens When a School Violates the ADA or IDEA?
When a school violates the ADA or the IDEA, students who feel the school has discriminated against them can sue for damages. The violation might be a failure to provide adequate accommodations, modifications, or services for a student with a disability, especially if their absence harms the student in some way. For example, if a student with epilepsy needs to take medication during class, but the school does not allow them to access their medication, they could sue for discrimination. Damages in ADA cases can include reimbursement for medical or academic expenses, compensation for emotional distress and pain and suffering, and punitive damages.
Student lawsuits typically focus on two areas: the discrimination has either caused mental difficulties or physical difficulties. Mental difficulties may include anguish and emotional distress. Physical difficulties typically involve a lack of access to school facilities, such as restrooms that are too small for wheelchairs or ramps that are too steep or narrow for use by people in wheelchairs. In many cases, the students who file these lawsuits have been forced to leave school due to their condition—a situation known as "withdrawal."
Disability as a Defense for Academic or Behavioral Concerns
Kentucky schools must consider a student's mental, emotional, or physical disability when considering any academic or behavioral repercussions. If a disabled student is not academically progressing, for example, they may argue their school ignored their requests for reasonable accommodations, which affected their ability to succeed academically. Hiring a qualified attorney-advisor who can work with schools at the administrative level is helpful because most disagreements with schools can be resolved without having to file a lawsuit. In other instances, however, a student's attorney-advisor may need to file administrative complaints or civil rights lawsuits in order to collect damages.
Manifestation Determination Meetings for Behavioral Issues
A student's disability can sometimes contribute to behavioral issues on campus. For example, if a student who has ADHD and finds it difficult and frustrating to focus in class exhibits aggressive behaviors, the school must take the disability into consideration before determining whether impose disciplinary measures. Typically, the schools will have these discussions within the setting of a manifestation determination meeting. The word "determinations" refers to the fact that these meetings help determine what kind of support or accommodation to provide a student with disabilities in order to reduce their behavior problems. If schools punish disabled students for their behavior without first attempting to implement strategies to mitigate the behavioral issues, students can seek the assistance of a qualified student defense attorney.
Kentucky Attorney-Advisor for Disabled Students
Kentucky students with disabilities have certain legal rights that schools, teachers, administrators, and professors must respect. If a student's disability interferes with their ability to pass their classes, they have the right to ask for accommodations to help them succeed in school. As a disabled student, you may face challenges other students do not. It is important to know your rights and how to get help if you are having trouble passing classes or being treated fairly at school. Attorney-advisor Joseph. D. Lento has helped students across the country get the education they deserve. Contact Mr. Lento and his team by calling (888) 535-3686 or filling out the online form.
